,i #aagth ,,congress #b;d ,session ,h4 ,r4 #ggba ,,in ,,the ,,house ,,of ,,representatives ,may #aa1 #bjbb,ms4 ,leger ,fernandez 7for herself and ,ms4 ,stansbury7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committee on ,transportation and ,infrastructure1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to provide compensation for victims of the fire initiated as a prescribed burn by the ,forest ,service in the ,sante ,fe ,national ,forest in ,san ,miguel ,county1 ,new ,mexico4 #a4 ,short title ,this ,act may be cited as the ,hermit's ,peak ,fire ,assistance ,act4 #b4 ,findings and purposes 7a7 ,findings ,congress finds that-- 7#a7 on ,april #f1 #bjbb1 the ,forest ,service initiated a prescribed burn on ,federal land in the ,santa ,fe ,national ,forest in ,san ,miguel ,county1 ,new ,mexico1 when erratic winds were prevalent in the area that was also suffering from severe drought after many years of insufficient precipitation2 7#b7 on ,april #ab1 #bjbb1 the prescribed burn1 which became known as the ,hermit's ,peak ,fire1 exceeded the containment capabilities of the ,forest ,service1 was reclassified as a wildland burn1 and spread to other ,federal and non-,federal land1 quickly becoming characterized as a wildfire2 7#c7 on ,april #ai1 #bjbb1 the ,calf ,canyon ,fire1 also in ,san ,miguel ,county1 ,new ,mexico1 began burning on ,federal land2 7#d7 on ,april #bg1 #bjbb1 the ,hermit's ,peak ,fire and the ,calf ,canyon ,fire merged1 and both fires were reported as the ,hermit's ,peak ,fire or the ,hermit's ,peak_/,calf ,canyon ,fire1 which shall be referred to hereafter as the ,hermit's ,peak ,fire2 7#e7 by ,may #b1 #bjbb1 the fire had grown in size and caused evacuations in multiple villages and communities in ,san ,miguel ,county and ,mora ,county1 including in the ,san ,miguel county jail1 the ,state's psychiatric hospital1 the ,united ,world ,college1 and ,new ,mexico ,highlands ,university2 7#f7 on ,may #d1 #bjbb1 the ,president issued a major disaster declaration for the counties of ,colfax1 ,mora1 and ,san ,miguel1 ,new ,mexico2 7#g7 the fire resulted in the loss of ,federal1 ,state1 local1 ,tribal1 and private property2 and 7#h7 the ,united ,states should compensate the victims of the ,hermit's ,peak ,fire4 7b7 ,purposes ,the purposes of this ,act are-- 7#a7 to compensate victims of the fire at ,hermit's ,peak1 ,new ,mexico1 for injuries resulting from the fire2 and 7#b7 to provide for the expeditious consideration and settlement of claims for those injuries4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means-- 7,a7 the ,administrator of the ,federal ,emergency ,management ,agency2 or 7,b7 if a ,manager is appointed under section #d7;a77#c71 the ,manager4 7#b7 ,hermit's ,peak ,fire ,the term ,hermit's ,peak ,fire means the fire resulting from the initiation by the ,forest ,service of a prescribed burn in the ,santa ,fe ,national ,forest in ,san ,miguel ,county1 ,new ,mexico1 on ,april #f1 #bjbb1 which subsequently merged with the ,calf ,canyon ,fire1 and both fires were reported as the ,hermit's ,peak ,fire or the ,hermit's ,peak ,fire_/,calf ,canyon ,fire4 7#c7 ,indian ,tribe ,the term ,indian ,tribe means the recognized governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#d7 ,injured person ,the term injured person means-- 7,a7 an individual1 regardless of the citizenship or alien status of the individual2 or 7,b7 an ,indian ,tribe1 corporation1 ,tribal corporation1 partnership1 company1 association1 county1 township1 city1 ,state1 school district1 or other non-,federal entity 7including a legal representative7 that suffered injury resulting from the ,hermit's ,peak ,fire4 7#e7 ,injury ,the term injury has the same meaning as the term injury or loss of property1 or personal injury or death as used in section #acdf7;b77#a7 of title #bh1 ,united ,states ,code4 7#f7 ,manager ,the term ,manager means an ,independent ,claims ,manager appointed under section #d7;a77#c74 7#g7 ,office ,the term ,office means the ,office of ,hermit's ,peak ,fire ,claims established by section #d7;a77#b74 7#h7 ,tribal entity ,the term ,tribal entity includes any ,indian ,tribe1 tribal organization1 ,indian-controlled organization serving ,indians1 ,native ,hawaiian organization1 or ,alaska ,native entity1 as such terms are defined or used in section #aff of the ,workforce ,innovation and ,opportunity ,act 7#be ,u4,s4,c4 #ecjd74 #d4 ,compensation for victims of ,hermit's ,peak ,fire 7a7 ,in general 7#a7 ,compensation ,each injured person shall be entitled to receive from the ,united ,states compensation for injury suffered by the injured person as a result of the ,hermit's ,peak ,fire4 7#b7 ,office of ,hermit's ,peak ,fire ,claims 7,a7 ,in general ,there is established within the ,federal ,emergency ,management ,agency an ,office of ,hermit's ,peak ,fire ,claims4 7,b7 ,purpose ,the ,office shall receive1 process1 and pay claims in accordance with this title4 7,c7 ,funding ,the ,office-- 7i7 shall be funded from funds made available to the ,administrator under this ,act2 and 7ii7 may reimburse other ,federal agencies for claims processing support and assistance4 7#c7 ,option to appoint independent claims manager ,the ,administrator may appoint an ,independent ,claims ,manager to-- 7,a7 head the ,office2 and 7,b7 assume the duties of the ,administrator under this ,act4 7b7 ,submission of claims ,not later than #b years after the date on which regulations are first promulgated under subsection 7f71 an injured person may submit to the ,administrator a written claim for #a or more injuries suffered by the injured person in accordance with such requirements as the ,administrator determines to be appropriate4 7c7 ,investigation of claims 7#a7 ,in general ,the ,administrator shall1 on behalf of the ,united ,states1 investigate1 consider1 ascertain1 adjust1 determine1 grant1 deny1 or settle any claim for money damages asserted under subsection 7b74 7#b7 ,applicability of ,state law ,except as otherwise provided in this ,act1 the laws of the ,state of ,new ,mexico shall apply to the calculation of damages under subsection 7d77#d74 7#c7 ,extent of damages ,any payment under this ,act-- 7,a7 shall be limited to actual compensatory damages measured by injuries suffered2 and 7,b7 shall not include-- 7i7 interest before settlement or payment of a claim2 or 7ii7 punitive damages4 7d7 ,payment of claims 7#a7 ,determination and payment of amount 7,a7 ,in general 7i7 ,payment ,not later than #ahj days after the date on which a claim is submitted under this ,act1 the ,administrator shall determine and fix the amount1 if any1 to be paid for the claim4 7ii7 ,priority ,the ,administrator1 to the maximum extent practicable1 shall pay subrogation claims submitted under this ,act only after paying claims submitted by injured parties that are not insurance companies seeking payment as subrogees4 7,b7 ,parameters of determination ,in determining and settling a claim under this ,act1 the ,administrator shall determine only-- 7i7 whether the claimant is an injured person2 7ii7 whether the injury that is the subject of the claim resulted from the fire2 7iii7 the amount1 if any1 to be allowed and paid under this ,act2 and 7iv7 the person or persons entitled to receive the amount4 7,c7 ,insurance and other benefits 7i7 ,in general ,in determining the amount of1 and paying1 a claim under this ,act1 to prevent recovery by a claimant in excess of actual compensatory damages1 the ,administrator shall reduce the amount to be paid for the claim by an amount that is equal to the total of insurance benefits 7excluding life insurance benefits7 or other payments or settlements of any nature that were paid1 or will be paid1 with respect to the claim4 7ii7 ,government loans ,this subparagraph shall not apply to the receipt by a claimant of any government loan that is required to be repaid by the claimant4 7#b7 ,partial payment 7,a7 ,in general ,at the request of a claimant1 the ,administrator may make #a or more advance or partial payments before the final settlement of a claim1 including final settlement on any portion or aspect of a claim that is determined to be severable4 7,b7 ,judicial decision ,if a claimant receives a partial payment on a claim under this ,act1 but further payment on the claim is subsequently denied by the ,administrator1 the claimant may-- 7i7 seek judicial review under subsection 7i72 and 7ii7 keep any partial payment that the claimant received1 unless the ,administrator determines that the claimant-- 7,i7 was not eligible to receive the compensation2 or 7,,ii7 fraudulently procured the compensation4 7#c7 ,rights of insurer or other third party ,if an insurer or other third party pays any amount to a claimant to compensate for an injury described in subsection 7a71 the insurer or other third party shall be subrogated to any right that the claimant has to receive any payment under this ,act or any other law4 7#d7 ,allowable damages 7,a7 ,loss of property ,a claim that is paid for loss of property under this ,act may include otherwise uncompensated damages resulting from the ,hermit's ,peak ,fire for-- 7i7 an uninsured or underinsured property loss2 7ii7 a decrease in the value of real property2 7iii7 damage to physical infrastructure1 including irrigation infrastructure such as acequia systems2 7iv7 a cost resulting from lost subsistence from hunting1 fishing1 firewood gathering1 timbering1 grazing1 or agricultural activities conducted on land damaged by the ,hermit's ,peak ,fire2 7v7 a cost of reforestation or revegetation on ,tribal or non-,federal land1 to the extent that the cost of reforestation or revegetation is not covered by any other ,federal program2 and 7vi7 any other loss that the ,administrator determines to be appropriate for inclusion as loss of property4 7,b7 ,business loss ,a claim that is paid for injury under this ,act may include damages resulting from the ,hermit's ,peak ,fire for the following types of otherwise uncompensated business loss3 7i7 ,damage to tangible assets or inventory4 7ii7 ,business interruption losses4 7iii7 ,overhead costs4 7iv7 ,employee wages for work not performed4 7v7 ,any other loss that the ,administrator determines to be appropriate for inclusion as business loss4 7,c7 ,financial loss ,a claim that is paid for injury under this ,act may include damages resulting from the ,hermit's ,peak ,fire for the following types of otherwise uncompensated financial loss3 7i7 ,increased mortgage interest costs4 7ii7 ,an insurance deductible4 7iii7 ,a temporary living or relocation expense4 7iv7 ,lost wages or personal income4 7v7 ,emergency staffing expenses4 7vi7 ,debris removal and other cleanup costs4 7vii7 ,costs of reasonable efforts1 as determined by the ,administrator1 to reduce the risk of wildfire1 flood1 or other natural disaster in the counties impacted by the ,hermit's ,peak ,fire to risk levels prevailing in those counties before the ,hermit's ,peak ,fire1 that are incurred not later than the date that is #c years after the date on which the regulations under subsection 7f7 are first promulgated4 7viii7 ,a premium for flood insurance that is required to be paid on or before ,may #ca1 #bjbd1 if1 as a result of the ,hermit's ,peak ,fire1 a person that was not required to purchase flood insurance before the ,hermit's ,peak ,fire is required to purchase flood insurance4 7ix7 ,any other loss that the ,administrator determines to be appropriate for inclusion as financial loss4 7e7 ,acceptance of award ,the acceptance by a claimant of any payment under this ,act1 except an advance or partial payment made under subsection 7d77#b71 shall-- 7#a7 be final and conclusive on the claimant1 with respect to all claims arising out of or relating to the same subject matter2 and 7#b7 constitute a complete release of all claims against the ,united ,states 7including any agency or employee of the ,united ,states7 under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act71 or any other ,federal or ,state law1 arising out of or relating to the same subject matter4 7f7 ,regulations and public information 7#a7 ,regulations ,notwithstanding any other provision of law1 not later than #de days after the date of enactment of this ,act1 the ,administrator shall promulgate and publish in the ,federal ,register interim final regulations for the processing and payment of claims under this ,act4 7#b7 ,public information 7,a7 ,in general ,at the time at which the ,administrator promulgates regulations under paragraph 7#a71 the ,administrator shall publish1 online and in print1 in newspapers of general circulation in the ,state of ,new ,mexico1 a clear1 concise1 and easily understandable explanation1 in ,english and ,spanish1 of-- 7i7 the rights conferred under this ,act2 and 7ii7 the procedural and other requirements of the regulations promulgated under paragraph 7#a74 7,b7 ,dissemination through other media ,the ,administrator shall disseminate the explanation published under subparagraph 7,a7 through websites1 blogs1 social media1 brochures1 pamphlets1 radio1 television1 and other media that the ,administrator determines are likely to reach prospective claimants4 7g7 ,consultation ,in administering this ,act1 the ,administrator shall consult with the ,secretary of the ,interior1 the ,secretary of ,energy1 the ,secretary of ,agriculture1 the ,administrator of the ,small ,business ,administration1 other ,federal agencies1 and ,state1 local1 and ,tribal authorities1 as determined to be necessary by the ,administrator1 to-- 7#a7 ensure the efficient administration of the claims process2 and 7#b7 provide for local concerns4 7h7 ,election of remedy 7#a7 ,in general ,an injured person may elect to seek compensation from the ,united ,states for #a or more injuries resulting from the ,hermit's ,peak ,fire by-- 7,a7 submitting a claim under this ,act2 7,b7 filing a claim or bringing a civil action under chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act72 or 7,c7 bringing an authorized civil action under any other provision of law4 7#b7 ,effect of election ,an election by an injured person to seek compensation in any manner described in paragraph 7#a7 shall be final and conclusive on the claimant with respect to all injuries resulting from the ,hermit's ,peak ,fire that are suffered by the claimant4 7#c7 ,arbitration 7,a7 ,in general ,not later than #de days after the date of enactment of this ,act1 the ,administrator shall establish by regulation procedures under which a dispute regarding a claim submitted under this ,act may be settled by arbitration4 7,b7 ,arbitration as remedy ,on establishment of arbitration procedures under subparagraph 7,a71 an injured person that submits a disputed claim under this ,act may elect to settle the claim through arbitration4 7,c7 ,binding effect ,an election by an injured person to settle a claim through arbitration under this paragraph shall-- 7i7 be binding2 and 7ii7 preclude any exercise by the injured person of the right to judicial review of a claim described in subsection 7i74 7#d7 ,no effect on entitlements ,nothing in this ,act affects any right of a claimant to file a claim for benefits under any ,federal entitlement program4 7i7 ,judicial review 7#a7 ,in general ,any claimant aggrieved by a final decision of the ,administrator under this ,act may1 not later than #fj days after the date on which the decision is issued1 bring a civil action in the ,united ,states ,district ,court for the ,district of ,new ,mexico1 to modify or set aside the decision1 in whole or in part4 7#b7 ,record ,the court shall hear a civil action under paragraph 7#a7 on the record made before the ,administrator4 7#c7 ,standard ,the decision of the ,administrator incorporating the findings of the ,administrator shall be upheld if the decision is supported by substantial evidence on the record considered as a whole4 7j7 ,attorney's and agent's fees 7#a7 ,in general ,no attorney or agent1 acting alone or in combination with any other attorney or agent1 shall charge1 demand1 receive1 or collect1 for services rendered in connection with a claim submitted under this ,act1 fees in excess of #aj percent of the amount of any payment on the claim4 7#b7 ,violation ,an attorney or agent who violates paragraph 7#a7 shall be fined not more than #aj1jjj4 7k7 ,waiver of requirement for matching funds 7#a7 ,in general ,notwithstanding any other provision of law1 a ,state or local project that is determined by the ,administrator to be carried out in response to the ,hermit's ,peak ,fire under any ,federal program that applies to an area affected by the ,hermit's ,peak ,fire shall not be subject to any requirement for ,state or local matching funds to pay the cost of the project under the ,federal program4 7#b7 ,federal share ,the ,federal share of the costs of a project described in paragraph 7#a7 shall be #ajj percent4 7l7 ,applicability of debt collection requirements ,section #cgaf of title #ca1 ,united ,states ,code1 shall not apply to any payment under this ,act4 7m7 ,indian compensation ,notwithstanding any other provision of law1 in the case of an ,indian ,tribe1 a ,tribal entity1 or a member of an ,indian ,tribe that submits a claim under this ,act-- 7#a7 the ,bureau of ,indian ,affairs shall have no authority over1 or any trust obligation regarding1 any aspect of the submission of1 or any payment received for1 the claim2 7#b7 the ,indian ,tribe1 ,tribal entity1 or member of an ,indian ,tribe shall be entitled to proceed under this ,act in the same manner and to the same extent as any other injured person2 and 7#c7 except with respect to land damaged by the ,hermit's ,peak ,fire that is the subject of the claim1 the ,bureau of ,indian ,affairs shall have no responsibility to restore land damaged by the ,hermit's ,peak ,fire4 7n7 ,report ,not later than #a year after the date of promulgation of regulations under subsection 7f77#a71 and annually thereafter1 the ,administrator shall submit to ,congress a report that describes the claims submitted under this ,act during the year preceding the date of submission of the report1 including1 for each claim-- 7#a7 the amount claimed2 7#b7 a brief description of the nature of the claim2 and 7#c7 the status or disposition of the claim1 including the amount of any payment under this ,act4 7o7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out this ,act4